Danish municipalities and foreign policy – what can and can't they do

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As a rule, municipalities can't say much about foreign policy. But there are exceptions to that rule. A new research article from the Faculty of Law looks at where the line is drawn for municipalities when it comes to the wider world.

The use of foreign flags on municipal property, names such as Palestine Square and municipal boycotts of certain goods: The debate about how far municipalities can and should go when global conflicts affect local values is highly topical.

'The main rule is that municipalities cannot conduct foreign policy,' states Karsten Naundrup Olesen, professor at the Faculty of Law, University of Copenhagen.

He is the author of a newly published research article that maps out what municipalities can and cannot do when foreign policy and local politics intersect.

Karsten Naundrup Olesen points to two basic principles that are important in this context. The principle of locality: The municipality must primarily look after the interests of its own citizens. And the principle of division of tasks: Foreign policy is the prerogative of the state.

Based on these principles, for decades, municipal supervisory authorities have maintained a ban on municipal statements of a foreign policy nature in their practice.

Important exceptions

Karsten Naundrup Olesen points out, however, that despite this starting point, municipalities are not completely barred from making statements that could be said to have a foreign policy aspect. Municipalities can act with a view to:

• Humanitarian aid via recognised organisations and without political statements.
• Environmental support, e.g. modest contributions to rainforest conservation, when the purpose is global climate/ecology.
• Social responsibility in procurement, where municipalities must promote decent working conditions, human rights and sustainability - for example, by choosing fair trade products.
• Making statements related to the state's foreign policy.

The latter was seen when Russia invaded Ukraine, where Danish cooperation on Russian twin towns and investments was dropped. Here, municipalities were part of the state's overall signal.

Where is the line drawn?

When assessing specific cases involving municipalities' positions on international issues, the supervisory authorities focus on the purpose.

• Starting point: Municipalities are not allowed to conduct foreign policy. This follows from the principle of division of tasks and has been confirmed in supervisory practice.
• Humanitarian aid: Legal via impartial aid organisations and without political statements.
• Environmental aid: Possible when the purpose is environmental/climate and the amounts are limited.
• Responsible procurement: Municipalities may incorporate internationally recognised standards for working conditions, human rights and sustainability into their procurement policies.
• Corresponding with the state: Municipal statements are possible when they are in accordance with the Danish Parliament's statements or at the request of the government and the Danish Parliament.
• The limit is assessed on a case-by-case basis.

One minute's silence for civilian victims in Gaza was accepted as a humanitarian gesture. Naming a square after Palestine could, in principle, be political, but was not considered illegal in this specific case because the purpose was not foreign policy-related.

However, direct condemnations of a foreign head of state or appeals to the UN/the Danish state were rejected as foreign policy statements.

"Supervisory practice can be seen as a balancing act between the known starting point - prohibition - and a need for municipalities to act in various contexts. Even if it can be said to involve foreign policy statements," says Karsten Naundrup Olesen.

The research article is entitled "The municipality on the foreign policy scene" and is published in the journal Juristen. You can read it (in Danish) here.

Contact

Karsten Naundrup Olesen, Professor
Faculty of Law
Email: [email protected]
T: +45 35 32 40 56

Simon Knokgaard Halskov
UCPH Press
Email: [email protected]
M: +45 93 56 53 29

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